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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 28, 1975, the registration of ownership transfer on the non-party B’s name of Daegu Dong-gu C, 998 square meters (hereinafter “the non-party B’s real estate”). The registration of ownership transfer on the non-party B’s ground of sale was completed on January 10, 1960 on the non-party B’s share of 1/3 of the non-party DD 65 square meters (hereinafter “the non-party 2 real estate”).
B. The head of the Dong-gu Daegu Metropolitan City deposited the above money as the Daegu District Court No. 2007, Dec. 31, 2007 by accepting the instant real estate No. 2 for the road construction project and paying KRW 11,337,930 to B, the owner on the registry, but the location of the deposited person was unknown. The non-party Korea Highway Corporation deposited the said money with the Daegu District Court No. 2007, No. 7593, Dec. 31, 2007 by accepting the instant real estate No. 1 for the construction project of the Highway, and tried to pay KRW 262,723,50 of the expropriation compensation to B, the owner on the registry, but the location was unknown, making the deposited person as B as of May 12, 2016 (hereinafter “the deposit”).
C. Meanwhile, on April 12, 2016, the Plaintiff filed a lawsuit against Nonparty E, the former owner of the instant real estate No. 1, and received a favorable judgment (Seoul District Court 2015Da126302) on April 12, 2016, and the said judgment became final and conclusive on May 3, 2016.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 and 3-6 and 5-5, and the fact-finding inquiry and reply to the deposit accounts of the Daegu District Court, the purport of the whole pleadings
2. The plaintiff's assertion is based on the second sentence of Jung-si, and the real estate No. 1 of this case was purchased from Jung-si and completed the registration of transfer of ownership in the name of No. 2 without existence at present. The second real estate of this case also is registered under the name of No. 2.